My family was in an accident. My husband was driving in the rain and another car hydroplaned and hit us. The other carrier accepted full responsibility and my car has been paid for. However, my husband hit his head and had neck injury as well as bruises on his shoulder and hip where the door came in on him. My daughter was in the backseat and was flung against the door causing injury to her right shoulder. Both of them treated at E.R. and when the pain didn't subside they went to a chiropractor. My husband is doing better but my daughter's shoulder continued to hurt. She went to an ortho who diagnosed her with a scapular strain. She is going through physical therapy. I had a small cut to my elbow and neck pain. I treated at E.R. and then chiropractor. I am done treating. The adjuster has been calling me. My question is, should I go ahead and settle my BI claim or wait until my family is done treating? Also, what should we be looking for in terms of settlement? I do not want to be greedy, but I also want to get what is normal for these injuries. Does it have something to do with the amount of medicals? Any other factors?
Answer by lucy
The adjuster will offer you 3 separate settlements. The offer will be for the amount of your medical bills, possibly some loss of income if unable to work, plus pain/suffering.
Since you are done treating, they want to settle with you and will offer settlements to your husband and daughter after they have completed treatment. They most likely have received your medical reports from the ER and chiropractor and will review them to make an evaluation of your injury.
Of the 3 of you, your settlement will be the least, your husband will be offered a little bit more and your daughter will be most likely the highest or possibly double due to being treated by an ortho vs chiropractor. Insurance companies "look down" on chiropractors and value their injuries/treatment less.
All 3 of you sustained minor injuries that would heal with no broken bones, but is classified as strain/sprain of neck/back/shoulder with no permanent impairment.
My suggestion is to hold off till all of you are done treating and then settle all 3 since you will have more negotiation power vs settling each as you are done treating. Since if you are unhappy with one or any of the settlements they offer, and if you settle each 1 at a time, then it is too late since each settlement will be done and closed.
Depending on the settlement they offer your daughter and by the state you live in, may have to go to court for approval by a judge. In most states could be anywhere from $ 5,000 to $ 10,000 that needs court approval, but if less, not needed. Also since she is a minor, both you and your husband will have to sign as guardians and "might" be held in a trust fund till she reaches age 18.
If any poster out here states you should get 3 times your medical bills, ignore that since that is not how it is done period. The adjuster only reviews your injury, treatment and then makes a "value" of what the pain/suffering is owed to you. But be advised that any offer they make, you can counter their offer. Adjusters have "ranges" which means say for instance they offer you $ 850, then the range could be up to $ 1,100 max they will pay. So if you counter $ 5,000, will not settle at all.
Also if other posters state you need to hire a lawyer would not be advisable since any lawyer will take 1/3 of EACH SETTLEMENT. Sometimes lawyers will get more money in a settlement, but after you subtract out 1/3, all will end up with less money in the end. In your case with 3 minor injuries would be fruitless.
Also be aware that in most states you have up to 2 years from the date of the accident to settle.
The insurance company would prefer to settle with you now since it is easier to close out your claim and may end up paying all of you less if done separately, so hold off till everyone is done then do all 3 at once.
Remember 1 thing, you did not hit the lottery, so don't expect a lot of money or you will be truly disappointed.
good luck
Answer by mbrcatz
You're not going to be looking at big bucks, without permanent injuries. Additionally, exactly WHAT you are entitled to, is going to depend a WAY LOT on what state you are in. In a no fault state, for example, you can only collect for minor injuries (sounds like that's what everyone has, just muscle soreness, and maybe a few stitches for you) from your own policy.
You probably need to call your agent, and ask what the BI laws are in your state.
There's no average, btw. There's no "three times medical bills" rule. That's a myth. Many states partially or totally discount chiropractor bills, so you can't include them with medical bills, anyway. If there's no scarring, and no stitches, your cut is worth whatever the doctor charged to stick a bandaid on it.
The biggest factors are your state, the policy limits, and your ACTUAL INJURIES.
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Orignal From: Need help/advice on settling bodily injury claims?
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